IN THE CASE OF:	   

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130007555 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he held a combat arms military occupational specialty (MOS) and was wounded in action and awarded the Purple Heart.

2.  The applicant states he served in the Korean Conflict in MOS 4812 (Heavy Weapons Infantryman).  In 1950, he sustained a combat injury to his right thigh from shrapnel.  His DD Form 214 needs to be corrected to show his correct MOS, that he was wounded in action, and award of the Purple Heart.

3.  The applicant provides copies of three orders and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant's military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the applicant's DD Form 214 and the orders he provides offer sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  In support of his request the applicant provides the following documents:

   a.  Headquarters, Fort Lawton, WA, Special Orders Number 183, dated 
2 August 1951, that show the applicant returned from overseas on 2 August 1951, his MOS was 4812, and he was assigned to the 10th Infantry Division, Fort Riley, KS, with a reporting date of 6 September 1951.

   b.  Headquarters, 10th Infantry Division, Fort Riley, KS, Special Orders Number 234, dated 8 September 1951, that show the applicant's MOS was 4812 and he was assigned to the 6219th Army Support Unit, Reception Center, Fort Lewis, WA, with a reporting date of 18 September 1951.

   c.  Headquarters, 6219th Reception Center, Fort Lewis, WA, Special Orders Number 10, dated 12 January 1952, that amended Special Orders Number 236, dated 28 September 1951, to show the applicant's rank was private first class.

   d.  The applicant's DD Form 214 shows he enlisted in the Regular Army on
4 March 1948 for a period of 3 years, he was involuntarily extended for 1 year, and honorably discharged on 11 March 1952 based on expiration of term of service.  He completed 4 years and 1 day of total active service that included 
3 years, 1 month, and 7 days of foreign service.  It also shows in:

* item 5 (Qualifications):

* Specialty Number or Symbol:  5832 [Supply Handler]
* Related Civilian Occupation and Number:  Stock Clerk 1-38.010

* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  does not show the Purple Heart
* item 29 (Wounds Received as a Result of Action with Enemy Forces - Place and Date, if known):  None
* item 31 (Service Training Courses Successfully Completed):  None
	
4.  There is no evidence in the available military service records that shows the applicant was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart.

5.  A Surgeon General's Office (SGO) health record research project, commonly referred to as the "SGO files," involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  A search of these files failed to produce a record pertaining to the applicant showing he was wounded or injured as a result of enemy action.

6.  A review of the Korean Conflict Casualty File failed to show the applicant is listed as a casualty.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

8.  Special Regulation Number 615-360-1 (Enlisted Personnel - Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the Army, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214. The instructions show for:

   a.  item 5, enter the primary MOS code number as shown in the individual's DA AGO Form 20 (Soldier's Qualification Card);

   b.  item 27, enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein;

   c.  item 29, enter place and date wounded in action; and

   d.  item 31, enter such installation training courses (qualification courses), military correspondence courses, and off-duty courses as the individual has completed successfully.

9.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his MOS was 4812, that he was wounded in action in 1950, and he was awarded the Purple Heart because he sustained a shrapnel wound in 1950 while serving in the Korean Conflict.

2.  The applicant provides orders that show that upon his return from overseas in August 1951 he held MOS 4812 and he was assigned to the 6219th Reception Center. 
   
   a.  The evidence of record shows the primary MOS code number on the individual's DA AGO Form 20 will be entered in item 5 of the DD Form 214.

   b.  His DA AGO Form 20 is not available; however, his DD Form 214 shows MOS code 5832 as his MOS at the time of his discharge on 11 March 1952.

   c.  Thus, in the absence of a DA AGO Form 20, it is presumed that the applicant held MOS 5832 at the time of his separation processing.

3.  The applicant's claim to the Purple Heart based on being wounded in action in 1950 was carefully considered.
	
	a.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

	b.  There is no evidence in the "SGO files" or the Korean Conflict Casualty file that shows the applicant was wounded or treated for wounds as a result of hostile action.

	c.  Therefore, in view of the foregoing, there is insufficient evidence to grant the requested relief.

4.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.  The applicant fails to provide evidence that he held MOS 4812 at the time of his separation, that he was wounded in action in 1950, or that he was awarded the Purple Heart.

5.  The sincerity of the applicant's contentions is not in question.  However, he provides insufficient evidence to warrant a correction to his military records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _x______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130007555



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ABCMR Record of Proceedings (cont)                                         AR20130007555



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